By _4 Ann. c. 16._ § 6. every _Venire facias_ for the trial of any issue
in any action or suit in any of her Majestys courts of record at
Westminster shall be awarded of the body of the proper county where such
issue is triable. But
By § 7. nothing in this act contained shall extend to any writ,
declaration or suit of appeal of felony or murder, or to any indictment
or presentment of treason, felony or murder or other matter, or to any
process upon any of them or to any writ, bill, action or information upon
any penal statute.[44]
[Sidenote: View.]
By § 8. in any actions brought in any of her Majestys courts of record at
Westminster, where it shall appear to the court that it will be proper
and necessary that the jurors who are to try the issues in any such
actions, should have the view of the messuages, lands or place in
question, in order to their better understanding the evidence that will
be given upon the trials of such issues, in every such case the
respective courts in which such actions shall be depending, may order
special writs of _Distringas_ or _Habeas corpora_ to issue, by which the
sheriff or such other officer to whom the said writs shall be directed,
shall be commanded to have six out of the first twelve of the jurors
named in such writs, or some greater number of them, at the place in
question some convenient time before the trial, who then and there shall
have the matters in question shewn to them by two persons in the said
writs named to be appointed by the court; and the said sheriff or other
officer who is to execute the said writs shall by a special Retorn upon
the same, certify that the view hath been had according to the command of
the said writs.[45]
By _3 G. 2. c. 25._ § 2. duplicates of the lists [made according to _7 &
8 W. 3. c. 32._ _3 & 4 Ann. c. 18._ and this act] when delivered in at
the quarter sessions of the peace, and entered in 'the' book to be kept
by the clerk of the peace for that purpose, shall, during the continuance
of such quarter-sessions, or within ten days after, be delivered or
transmitted by the clerk of the peace to the sheriff of each county, or
his undersheriff, in order for his returning of juries out of the said
lists; and such sheriff or undersheriff shall immediately take care that
the names of the persons contained in such duplicates shall be faithfully
entered alphabetically, with their additions and places of abode, in some
book or books to be kept by him or them for that purpose.
By § 4. no persons shall be returned as jurors to serve on trials at any
assizes or _nisi prius_, or at the great sessions, or at the sessions for
the counties palatine, who have served within the space of one year
before in the county of Rutland, or four years in the county of York, or
of two years before in any other county, not being a county of a city or
town[46].
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